Certified Payroll
Oregon certified payroll
How certified payroll works on Oregon public works: the Bureau of Labor and Industries, the WH-38 form, the $50,000 threshold, monthly filing, zone pay, and the penalty schedule.
Oregon certified payroll is the prevailing wage record contractors must file with the Bureau of Labor and Industries on public works over $50,000, using BOLI Form WH-38 or an equivalent with the WH-38 certification attached. Reports are due monthly, by the fifth business day of the following month. BOLI publishes rates twice a year.
- Agency
- Bureau of Labor and Industries (BOLI)
- Threshold (ORS 279C.800)
- Public works over $50,000
- Form and filing
- WH-38, by the 5th business day monthly
- Civil penalty (ORS 279C.865)
- Up to $5,000 per violation
Who and when
Who must file, and the $50,000 threshold
Oregon prevailing wage law applies when a public agency contract exceeds $50,000 and includes covered activity such as construction, reconstruction, major renovation, painting, or demolition. Once a contract crosses that threshold, the entire contract is subject to prevailing wage, and every contractor and subcontractor on it must file certified payroll with BOLI.
The Oregon threshold is far higher than the federal $2,000 and California $1,000 figures, so smaller Oregon public jobs can fall outside state prevailing wage. A project that receives federal funds, however, can still trigger Davis-Bacon regardless of the state threshold.
The form
Filing the WH-38
Oregon uses BOLI Form WH-38, the combined payroll and certified statement form. Contractors who prefer their own payroll format can comply by attaching the certified statement from the WH-38 to their report. Either way, the certification travels with the payroll.
For each worker, the report must show the name and address, work classification, hours worked each day, pay rate, gross pay, deductions and net pay, and the hourly equivalent contributed for fringe benefits along with the type of benefit. Reports are due by the fifth business day of each month for the prior month, which is a monthly cadence rather than the federal weekly one.
Zone pay
Zone pay and how Oregon rates are built
An Oregon prevailing wage rate is a base hourly rate plus an hourly fringe rate, and the worker must receive the combination. On top of that, the rate book can add a group number, shift differential, hazard pay, and zone pay, which is extra pay based on how far the jobsite is from a defined point. Zone pay is a real line in the Oregon rate book, not an optional add-on.
That structure means the total owed a worker is not just the headline base rate. You have to read the applicable rate schedule for the trade and region and add the zone and other differentials that apply to the specific site.
The cost of getting it wrong
Oregon penalty schedule
BOLI can assess civil penalties of up to $5,000 for any violation of the prevailing wage statutes or rules, including failing to file certified payroll, even when no wages were underpaid, and each day a violation continues can count as a separate violation. Workers who were underpaid are owed back wages plus liquidated damages.
For a willful violation, BOLI can place a contractor or subcontractor on its List of Ineligibles, barring it from most public contracts in Oregon for up to three years. The list is published in each rate book and on the BOLI website, so debarment is public.
The rates
How Oregon rates update and where to look
BOLI publishes prevailing wage rate books twice a year, on January 5 and July 5, and publishes amendments twice a year, on April 5 and October 5. The rate book in effect when the project is first advertised for bid governs the project, so you use the schedule tied to the bid date, not the newest book.
To find a rate, use the BOLI prevailing wage rate books on the Oregon.gov site, locating the trade classification and the applicable region, then adding any zone pay and other differentials for the site. The rate book also lists the current ineligible contractors.
Frequently asked questions
What is the certified payroll threshold in Oregon?
Fifty thousand dollars. Oregon prevailing wage and certified payroll apply when a public agency contract for covered construction work exceeds $50,000, and the whole contract is then covered.
What form does Oregon use for certified payroll?
BOLI Form WH-38, the combined payroll and certified statement. Contractors using their own payroll format can comply by attaching the WH-38 certified statement to their report.
When is Oregon certified payroll due?
Monthly. Certified payroll reports are due to BOLI by the fifth business day of the month following the work, which is a monthly cadence rather than the weekly filing federal Davis-Bacon requires.
What is zone pay in Oregon prevailing wage?
Zone pay is an extra amount added to the base rate based on the distance of the jobsite from a defined point, and it is a standard line in the BOLI rate book. Along with shift differential and hazard pay, it is added on top of the base and fringe rates.
What is the penalty for a prevailing wage violation in Oregon?
BOLI can assess civil penalties up to $5,000 per violation, including for failing to file certified payroll even without underpayment, and each continuing day can be a separate violation. Underpaid workers are also owed back wages plus liquidated damages.
What is the BOLI List of Ineligibles?
It is the Oregon debarment list. For a willful prevailing wage violation, BOLI can bar a contractor or subcontractor from most public contracts in the state for up to three years, and the list is published in each rate book and on the BOLI website.
How often does Oregon update prevailing wage rates?
BOLI publishes rate books twice a year, on January 5 and July 5, plus amendments on April 5 and October 5. The rate book in effect when the project is first advertised for bid governs that project.
Which rate book applies to my Oregon project?
The one in effect on the date the project was first advertised for bid. You apply that schedule for the life of the project, even after newer rate books or amendments publish.
Built for Oregon BOLI compliance
Buildalytic reads the BOLI rate book, applies base, fringe, and zone pay by trade and region, checks each WH-38 line against it, and flags exposure before the monthly filing is due.